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1F
E CORPORATION SHIP OF STONE MILLS
BY-LAW NO. 2005716
A BY-LAW MADE PURSUANT TO THE AUTHORITY GRANTED TO THE
COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF STONE
MILLS UNDER THE MUNICIPAL ACT, 2001, ¢.245 AND THE HIGHWAY
TRAFFIC ACT, R.S.O. 1990, c. H.8 AS AMENDED TO:
1, REGULATE THE USE OF HIGHWAYS AND
BRIDGES UNDER THE JURISDICTION OF
COUNCIL INCLUDING THE PARKING,
STANDING AND STOPPING OF VEHICLES
THEREON;
2. CREATE AND DESIGNATE PARKING SPACES
AND PROHIBIT PARKING ON HIGHWAYS OR
ON MUNICIPAL OR PRIVATE PROPERTY FOR
THE EXCLUSIVE USE OF VEHICLES WHICH
ARE DISPLAYING A DISABLED PERSON
PARKING PERMIT;
3. DESIGNATE PRIVATE ROADWAYS AS FIRE
ROUTES ALONG WHICH NO PARKING OF
VEHICLES SHALL BE PERMITTED;
4. PROHIBIT THE PARKING OR STANDING OF
MOTOR VEHICLES ON PROPERTY OWNED OR
OCCUPIED BY THE TOWNSHIP OF STONE
MILLS OR ANY LOCAL BOARD THEREOF,
WITHOUT CONSENT; AND
S. PROVIDE FOR THE ENFORCEMENT OF THE
MATTERS SET OUT IN THIS BY-LAW IN THE
MANNER PRESCRIBED BY THE PROVINCIAL
OFFENCES ACT, R.S.O. 1990, c. P.33, AS
AMENDED.
PART 1 - DEFINITIONS
a) For the purpose of this by-law,
(i) "abandoned vehicle" means any vehicle apparently abandoned
on a highway, or which is inoperable or which, if a motor
vehicle, does not carry proper registration plates;
(ii) "boulevard" means that part of the highway which lies
between the shoulder or curb and the property line including
any municipal sidewalk;
(iii) “bicycle” means a vehicle having only two tandem wheels,
propelled solely by human power, upon which typically one or
two persons may travel. A bicycle includes tricycles and uni-
cycles but does not include motor-assisted bicycles;
(iv) “bicycle lane” means a portion of a roadway which has been
designated by striping, signing and pavement markings for the
preferential or exclusive use of bicyclists;
(v) “bus stop zone" means any portion of a highway indicated bya
sign on the highway as a place where buses used for public
transportation may stop to pick-up or discharge passengers and
shall include that portion of the highway running parallel to
(vi)
(vil)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
2
the curb or shoulder in a direction opposite to the flow of
traffic a distance of 30 meters (100 feet) from the bus stop
sign;
"disabled person parking permit" means a disabled person
parking permit issued under The Highway Traffic Act or a
permit, number plate or other marker or device issued by
another jurisdiction and recognized under that Act;
"disabled person parking space" means a parking space
designated for the exclusive use of a vehicle displaying a
disabled person parking permit in accordance with the
requirements of The Highway Traffic Act and the regulations
made thereunder and this by-law;
"entranceway" means a private road, driveway, lane or other
means of access for vehicles to and from a highway;
"farm tractor" means a self-propelled vehicle designed and
used primarily as a farm implement for drawing ploughs,
mowing-machines and other implements of husbandry and not
designed or used for carrying a load;
"Fire Chief" shall mean the Chief of the Fire Department of
the municipality or his authorized subordinates or assistants;
"fire route" shall mean a private roadway or any part thereof
designated as a fire route by the posting of fire route signs;
"fire route sign" shall mean a sign of the size and type
illustrated in Schedule "A" to this by-law;
"heavy vehicle" means a vehicle having a weight, when
unloaded, of two (2) tons or more or, when loaded, of three (3)
tons or more, but does not include a vehicle designed primarily
to carry passengers, an ambulance, or any vehicle of a police
or fire department;
"highway" includes a common or public highway, street, road,
avenue, parkway, driveway, square, place, bridge, viaduct or
trestle, designed and intended for, or used by the general
public for the passage of vehicles, and includes the surface,
roadway, median strip, shoulder, grassed area, boulevard,
ditch, berm, gutter and any other
portion of the road allowance owned by or under the
jurisdiction of the municipality;
"loading zone" means any portion of a highway indicated by
one or more signs as a place where only commercial vehicles
may park for the sole purpose of loading or unloading cargo;
"median strip" means the portion of a highway so constructed
so as to separate traffic travelling in one direction from traffic
travelling in the opposite direction by a physical barrier,
unpaved strip of ground, or by markings on the surface of the
pavement;
"motor vehicle" includes an automobile, motorcycle, motor
assisted bicycle and any other vehicle propelled or driven
otherwise than by muscular power, but does not include a
motorized snow vehicle, traction engine, farm tractor, self-
propelled implement of husbandry or road-building machine;
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(xxv)
(xxvi)
(xxvii)
(xxviii)
(xxvix)
(xxx)
(xxxi)
(Xxxii)
(xxiii)
3
"motorcycle" means a self-propelled vehicle having a seat or
saddle for the use of the driver and designed to travel on not
more than three wheels in contact with the ground, and
includes a motor scooter, but does not include a motor assisted
bicycle;
"municipal property" shall mean any property owned or
occupied by the municipality or a local board thereof, other
than a highway;
"municipality" means The Corporation of The Township of
Stone Mills;
"no parking zone” means any portion of a highway indicated
by one or more signs as a place where a vehicle shall not be
parked or allowed to stand at any time or, if times are stated on
the signs, at such times;
“no stopping zone” means any portion of a highway indicated
by one
or more signs as a place where a vehicle shall not be stopped at
any
time or, if times are stated on the signs, at such times;
"park" or "parking" when prohibited, means the standing of a
vehicle, whether occupied or not, except when standing
temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers;
"parking infraction" means any unlawful parking or stopping
of a vehicle contrary to the provisions of this by-law;
"parking infraction notice" means a certificate of parking
infraction and parking infraction notice in a form prescribed by
regulations
under the Provincial Offences Act, R.S.O. 1990, c.P.33;
"parking ticket" means a notice, in a form approved by the
Council of the municipality, of a parking infraction;
"pedestrian" includes a person afoot and an invalid or child in
a wheelchair or carriage;
"pedestrian crossover" means any portion of a roadway, at an
intersection or elsewhere, indicated for pedestrian crossing by
signs on the highway and lines or other markings on the
surface of the roadway;
"pedestrian walkway" means a sidewalk or pathway between
lots or buildings designated for pedestrian traffic;
"person" means and includes any person, firm or corporation;
“private property” shall mean any property that is not
municipal property or a highway;
"private roadway" shall mean any private road, lane, ramp or
other means of vehicular access to or egress from a building or
structure and it may include part of a parking lot;
"property owner" shall mean any person, firm or corporation
(b)
(Xxxiv)
(xxxv)
(xxxvi)
(XXxvil)
(XxxVili)
(Xxxvix)
(xl)
(xli)
(xlii)
(xliii)
(xliv)
4
that owns or occupies a property and includes a tenant or
licensee.
"Provincial Offences Officer" means such one or more persons
appointed by the municipality for the purpose of enforcing the
provisions of this by-law;
"roadway" means that part of the highway that is improved,
designed or ordinarily used for vehicular traffic, but does not
include the shoulder, and, where a highway includes two or
more separate roadways, the term "roadway" refers to any one
roadway separately and not to all the roadway collectively;
“school bus” means any bus which is used for the express
purpose
of transporting students to and from school and,
a) is Chrome Yellow in colour;
b) displays on the front and rear thereof the words “School
Bus” and on the rear thereof the words “Do Not Pass When
Signals Flashing”;
"school bus loading zone" means any portion of a highway
indicated by signs on the highway as an area designated for
school bus loading;
"set fine" means the fine for an offence under this by-law
approved by the Chief Judge of the Ontario Court of Justice;
"shoulder" means that portion of the highway which is
unpaved and immediately adjacent to the roadway and which
is not improved, designed or ordinarily used for vehicular
traffic;
"stand" or "standing", when prohibited, means the halting of a
vehicle, whether occupied or not, except for the purpose of and
while actually engaged in receiving or discharging passengers;
"stop" or "stopping", when prohibited, means the halting of a
vehicle, even momentarily, whether occupied or not, except
when
necessary to avoid conflict with other traffic or in compliance
with the directions of a constable or other police officer or of a
traffic control sign or signal;
"Treasurer" means the Treasurer of the municipality;
"vehicle" includes a motor vehicle, heavy vehicle, school bus,
motor assisted bicycle, trailer, traction engine, farm tractor,
road-building machine and any vehicle drawn, propelled or
driven by any kind of power, including muscular power, but
does not include a motorized snow vehicle, the cars of electric
or steam railways running only upon rails;
"wheelchair" means a chair mounted on wheels driven by
muscular or any other kind of power and used for the carriage
of a person who has a physical defect or disability.
Any expression or term used in this by-law and not specifically defined shall
have the same meaning that such expression or term has under The Highway
Traffic Act, R.S.0.1990, c. H.8, as amended.
Where any expression of time occurs or where any hour or other period of
5
time is stated, the time referred to shall be standard time except when daylight
saving time is in effect, in which case, it shall be daylight saving time.
PART II - PARKING INFRACTIONS
No person shall park or stand a vehicle on a highway:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
()
(k)
(I)
(m)
(n)
in front of or within 2 metres (6.5 feet) of an entranceway or so as to obstruct
vehicles using the entranceway;
within 3 metres (10 feet) of the point on the edge of a roadway nearest a fire
hydrant;
within 30 metres (100 feet) of an intersection controlled by traffic signals.
within 15 metres (50 feet) of the nearest rail of a level railway crossing;
in front of an entrance to or exit from any building or enclosed space in which
persons may be expected to congregate in large numbers;
in a position or place that prevents or is likely to prevent the movement of any
vehicle already parked on the highway;
in a loading zone;
in a bus stop zone;
in such a manner as to interfere with the clearing of snow, or the cutting of
grass, or the removal of weeds on the whole or any part of a highway;
for longer than twelve (12) consecutive hours or, in the case of a vehicle
displaying a currently valid disabled person parking permit, for longer than
twenty-four (24) consecutive hours;
to prohibit the parking and leaving of motor vehicles on property of the
municipality (which includes township roads and road allowances) from the
first day of December of any year until the fifteenth day of April of the
following year;
in a school bus loading zone during the times stated on the signs designating
the zone or, if no times are stated, between 7:00 a.m. and 6:00 p.m. on any
day when the school is open for educational purposes;
on a fire route; or
in a no parking zone.
No person shall park, stand or stop a vehicle in a designated disabled person parking
space on municipal property or private property as described in Appendix II of
Schedule ‘D’.
No person shall park, stand or stop a vehicle on a highway:
(a)
(b)
(c)
(d)
so as to obstruct a sidewalk or an intersection; or
So as to obstruct or within 3 metres (10 feet) of a pedestrian crossover or
pedestrian walkway; or
in such a manner as to interfere with the free, unobstructed and normal use of
the highway by other traffic; or
on the roadway alongside of any stopped or parked vehicle; or
10.
ii.
6
(e) upon any bridge or within any tunnel or underpass; or
(f) on any median strip, or adjacent to either side or the end of any median strip;
or
(g) on any boulevard; where it is practicable to park in another location; or
(h) in a no stopping zone; or
(i) in a bicycle path.
No person shall park, stand or stop any vehicle on any highway or portion thereof
except as follows:
(a) where there is a raised curb, on the right side of the roadway, having regard to
the direction such vehicle was proceeding, with its right front and right rear
wheels or runners of the vehicle parallel to and distance not more than 0.15
metres (6 inches) out from such curb; or
(b) _ where there is no curb or a rolled curb, on the right side of the roadway,
having regard to the direction such vehicle was proceeding, with the right
front and right rear wheels parallel to and as near to the right hand limit of the
shoulder as is practicable, without stopping or parking upon a sidewalk or
footpath, or any part of the highway where grass is grown or which is not
intended for the use of vehicles.
No person shall park, stand or stop any vehicle on the left-hand side of the roadway
except where a highway is designated for one-way traffic and parking is permitted on
the left-hand side of the roadway and:
(a) where there is a raised curb on the left-hand side of the roadway having regard
to the direction such vehicle was proceeding, the left front and left rear wheels
of the vehicle are parallel to and not more than 0.15 metres (6 inches) out
from such curb; or
(b) — where there is no curb or a rolled curb on the left-hand side of the roadway,
having regard to the direction such vehicle was proceeding, the left front and
left rear wheels of the vehicle are parallel to and as near to the left-hand limit
of the shoulder as is practicable without stopping or parking on a sidewalk or
footpath or on any
part of the highway where grass is grown or which is not intended for the use
of vehicles.
Where angle parking is permitted on a highway, no person shall park, stand or stop
any vehicle except at an angle of 40 to 50 degrees from the curb or boundary of the
roadway with the front end of the vehicle at such curb or boundary.
Where angle parking spaces are designated by lines painted on the roadway, no
person shall park, stand or stop any vehicle except within an area designated as an
angle parking space.
No person shall park an abandoned vehicle on any highway at any time.
PART Il - MUNICIPAL PROPERTY PARKING INFRACTIONS
No person shall park or stand a heavy vehicle on municipal property without the
consent of the municipality or local board that owns or occupies the property.
No person shall park or stand a motor vehicle on municipal property without the
consent
of the municipality or local board that owns or occupies the property.
12.
13.
14.
13.
16.
17,
18.
19,
20.
ob.
22:
7
Where a municipal property has posted signs stating conditions on which vehicles
may be parked or left standing on the property, or prohibiting the parking or standing
of vehicles on the property, a vehicle parked or left standing on the property contrary
to such conditions or prohibition shall be deemed to have been parked or left standing
without consent.
PART IV - EMERGENCY VEHICLES
The provisions of Parts II and III inclusive of this by-law do not apply to ambulance,
police department vehicles, fire department vehicles or other emergency vehicles
while in performance of lawful or emergency duties.
PART V - DISABLED PERSONS PARKING
A disabled person parking space shall be distinctly indicated in accordance with the
requirements of The Highway Traffic Act and the regulations made thereunder.
A disabled person parking space on municipal property or private property shall have
a width of not less than 4.4 metres.
Disabled person parking spaces shall be designated
(a) on highways as described in Appendix I of Schedule "D", and
(b) on municipal property or private property as described in Appendix II of
Schedule "D".
The owners and operators of parking lots or other parking facilities to which the
public has access, whether on payment of a fee or otherwise, shall provide disabled
person parking spaces in accordance with Appendix II of Schedule "D".
The driver or operator of a vehicle which displays a disabled person parking permit
shall not be required to pay an amount in excess of the normal fee paid by other users
of the same parking lots or other parking facilities to which the public has access.
PART VI - FIRE ROUTES
Fire route signs shall be posted along all fire routes and shall:
(a) be permanently mounted on a rigid sign post or pole;
(b) be erected at a height of between 1.9 metres and 2.5 metres as measured from
the edge of the travelled portion of the fire route to the bottom edge of the
sign;
(c) be installed at a distance of between .3 metres and 3 metres from the travelled
edge of the fire route; and
(d) be installed along the fire route at intervals no greater than 30 metres or with
such greater frequency as may be reasonably necessary to identify the fire
route.
A fire route or fire routes shall be established on those lands described in Schedule
"C" to this by-law.
The location of all fire routes on the properties described in Schedule "C" shall be
determined by the Fire Chief who shall forthwith after making such determination,
notify in writing the property owner of the location of each fire route.
Upon receipt of notice given by the Fire Chief in accordance with paragraph 20, the
property owner shall, at the property owner's expense, file with the Fire Chief a site
23,
24.
25.
26.
a).
28.
om.
30.
ah.
32:
33.
8
plan, in triplicate, in the form prescribed in Schedule "B" to this by-law, showing the
following:
(a) the property;
(b) _ the location of all fire routes on the property;
(c) the proposed location of all fire route signs; and
(d) __ the location of all fire hydrants on or adjacent to the property.
The Fire Chief shall review all site plans to ensure that the proposed location of all
fire route signs conform with this by-law and may make any amendments to the site
plan as may be required.
Upon approval of the site plan by the Fire Chief, the property owner shall, at the
owner's expense, erect and maintain fire route signs along each fire route on the
property in accordance with the site plan as approved.
Where the owner of a property fails or refuses to submit a site plan or to erect or
maintain a fire route sign in accordance with this by-law, the Fire Chief or such other
employee of the municipality as may be designated by him/her may enter on the
property and erect fire route signs in accordance with this by-law at the expense of the
property owner and any costs incurred as a result thereof may be recovered in like
manner as municipal taxes in accordance with the Municipal Act.
PART VII - NO PARKING/STOPPING ZONES
“No stopping zones” shall be created on those highways and in the locations indicated
in Appendix I of Schedule “E” to this by-law.
“No parking zones” shall be created on those highways and in the locations indicated
in Appendix II of Schedule “E” to this by-law.
PART VIII - ENFORCEMENT - GENERAL
Any vehicle parked in contravention of the provisions of this by-law may, on the
order of a police officer or Provincial Offences Officer, be moved or towed to or
stored at a licensed wrecking yard, dump or other suitable location at the owner’s risk
expense and cost.
>
All costs and charges for the removal, towing, care and storage of a motor vehicle
shall form a lien on the motor vehicle and may be enforced in the manner prescribed
by the Repair and Storage Liens Act, R.S.O. 1990, c. R.25, as amended.
Every person who contravenes any provision of this by-law other than through the
commission of a parking infraction shall, in addition to any other penalty provided for
in this by-law, be guilty of an offence and upon conviction is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, Part
II.
Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine as provided for in the Provincial Offences Act,
F.5.0,.1990_ CP33, Part Il.
The driver of a vehicle involved in the commission of a parking infraction, not being
the owner, is liable to any penalty provided under this by-law, and the owner of the
vehicle is also liable to such a penalty unless, at the time the offence was committed,
the vehicle was in the possession of a person other than the owner without the
owner’s consent.
For parking infractions of a continuing nature, a parking infraction shall be deemed to
34.
3D:
36.
os.
38.
32.
40.
41.
9
have been committed on each subsequent hour that a vehicle continues in violation of
any said provisions beyond the first hour.
Upon a conviction being entered for any offence under this by-law, the Court may, in
addition to any other remedy or penalty imposed, make an Order prohibiting the
continuation or repetition of the offence by the person convicted.
PART IX - ENFORCEMENT - PARKING INFRACTION NOTICE
Any person who commits a parking infraction that he/she does not wish to dispute
may, within fifteen (15) days of the time when a parking infraction notice was
attached to the vehicle, deliver during regular office hours, exclusive of holidays, the
notice and the amount of the set fine to the Treasurer or other designated official on
duty at the municipal offices in Centreville who is authorized to accept such payment
and furnish an official receipt therefore.
Any person who is served with a parking infraction notice and wishes to plead not
guilty may, within fifteen (15) days of the time when the parking infraction notice
was attached to the vehicle, deliver to the Treasurer or other designated official on
duty at the municipal offices in Centreville during regular office hours, exclusive of
holidays, the notice with the not guilty plea on the notice signed together with the
form on the notice indicating his/her desire to appear or be represented at trial.
Upon failure to either make payment of the set fine in accordance with paragraph 34
of this by-law or deliver the notice in accordance with paragraph 35 of this by-law
within the time prescribed, a person shall become liable to be convicted pursuant to
Part II of the Provincial Offences Act or, at the option of the municipality to be liable
for prosecution pursuant to Part III of the Provincial Offences Act, R.S.O. 1990..c.
P.33, as amended.
PART X - ENFORCEMENT - PARKING TICKET
Any person who commits a parking infraction that he/she does not wish to dispute
may, within fifteen (15) days of the time when a parking ticket was attached to the
vehicle,
deliver during regular office hours, exclusive of holidays, the parking ticket together
with
the fine prescribed by Schedule “F” of this by-law to the Treasurer or other designated
official on duty at the municipal offices in Centreville who is authorized to accept
such payment and furnish an official receipt therefore. Upon failure to make such
payment within the time prescribed, such person shall become liable for prosecution
pursuant to Part III of the Provincial Offences Act, R.S.O. ;1990, c. P.33, as amended.
PART XI - VALIDITY
It is declared that notwithstanding that any part or parts of this by-law, or sections
thereof, may be found by any court of law to be invalid or illegal or beyond the power
of the Township to enact, such part or parts or sections thereof shall be deemed to be
severable and that all other parts or sections of this by-law are separate and
independent
therefrom and enacted as such.
PART XII - REPEAL OF EXISTING BY-LAWS
That By-law # 98-53 and any and all by-laws or portions thereof conflicting with this
by-law are hereby repealed.
This by-law shall come into force and take effect after receiving approval from the
Ministry of the Attorney General.
10
First and Second Reading 21%, day of November, 2005.
Third and Final 6th, day of February, 2006.
(nD tusnnder / eb ——
CHIEF ADMINIS CTIVE REEVE
OFFICER/CL
14
SCHEDULE ‘D’ TO BY-LAW 2005-316
APPENDIX I
The following disabled person parking spaces on highways are hereby designated:
C)
15
APPENDIX II
Disabled person parking spaces on Municipal or Private Property are hereby designated:
Location
No. of automobile
Parking Spaces
No. of designated
parking spaces
for the Disabled
OQ
16
SCHEDULE ‘E’ TO BY-LAW 2005-316
APPENDIX I - NO STOPPING ZONES
SIDE
FROM/TO
17
SCHEDULE ‘E’ TO BY-LAW 2005-316
APPENDIX II - NO PARKING ZONES
Bradshaw Road
Varty Lake Road
Mill Street
Factory Street
Factory Street
Concession Street South
Addington Street
SIDE
Both Sides
North Side
Both Sides
South Side
North Side
East Side
South Side
FROM / TO
From Southshore Drive to Beaver
Lake
From 95 metres East to Varty
Lake
From County Road #6 38 metres
West to 58 metres West on
County Road #6
From 68 metres East of County
Road #27 to 93 metres East of
County Road #27
From George Street Westerly to
30 metres West of George Street
From Ottawa Street for a distance
of 100 metres South of Ottawa
Street
From 33 metres East of
Concession Street north to 40
metres East of Concession
Street North